Thursday, June 30, 2011

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Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?

Do you need to change H1-B ???

Thanks Hey Buddy, as far as I know when you use AC21 you loose your non-immigrant status but start working leagally. So changing H1 to the new company is not needed. And as far as I can think, if you change your H1 to a new company at that pont it might even affect negatively on your green card process. Please check that with a lawyer.

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niklshah

08-20 12:14 PM

one question?? does it need high speed cable or DSL can work too???

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shahzaib616

05-17 06:33 PM

Before I begin with my question, allow me to give you a brief overview of my case: In the year 2000, I initially filed for Labor Certification. In 2004, I received approval of my application for Employment Authorization (I-765). In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.

Pretty straight-forward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set! My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States. I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened. Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.

Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case? Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?

Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes??? Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)

Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!

Sincerely, Shahzaib

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indiangcseeker

08-21 04:35 PM

One can also sign-up for Annual Pre-Pay with Vonage which will cost $20 per month for the same World Plan. Vonage - Support - Annual Pre-Pay (http://www.vonage.com/support.php?keyword=AnnualPrePay)

Just pay $240 upfornt. I did the same. Now all the features of Vonage World for $20. :)

We heard so many stories about violation many Indian bodyshoppers like bench without pay,Low pay ,fake resumes and many more. But when any bill comes to control them we are opposing. Because we fear that we may be one of the persons working in those companies and may be impacted by that.

Certainly the bill is not a pro immigrant and anti immigrant bill. But some kind of restriction is needed to clean out H1b. I accept as a pro immigrant we have to oppose any anti immigrant bill. So I am sure IV will try to block the bill as they did the restriction in TARP.

I am not going to get any benefit if they shut the door behind me. I need just one job that I can get any time and whatever compettion and there is no need to shut thousands of people. So my views are not based on any personal ambition.

I am seeing some positives in the bill. Wages will increase for the H1bs also. Only genuine companies can do the business. Best and bright people will not be impacted by this. Also it can open opportunity to increase H1b Cap and Green card Cap. So there is a good possiblity to reduce or eliminate retrogession.

Basically there are two options for IV and other pro immigrants if the bill is considered serously. One is just oppose the bill and try to block completely. Or other option is to negotiate to include our agenda to recapture/increase GC and also to modify the portions of bill. Instead of failing with option 1 getting success in option 2 is better.

I think this bill will not be passed if it is against WTO trade regulations.

senthil1 is one of those who is "shut the door behind you" kinds folks. He has been consistent on his stand and he wants to side anti immigrants. He is a disgrace and shame to your community. I had a feeling that sometime back he was 'reformed criminal" but does not seem so anymore.

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vsoni

05-04 12:25 PM

Today I got I-140 approval and I am eligible for apply for I-485. Case successfully transfer from EB3 to EB2 I am also anticipating international travel on business. My lawyer told, just applies for I-485. As I have H1 approval till 2009 and current visa sampled on my passport. I am thinking to apply for I-485, EAD and AP at the same time. Is it good to apply I-485, EAD and AP all at the same time?

I was told, once I-485 applied I can�t travel unit received the notice of receipt of I-485. Is this true?

Speakers: Susan Martin Director of the Institute for the Study of International Migration

Deborah W. Meyers MPI Senior Policy Analyst

Moderator: Doris Meissner, MPI Senior Fellow

Contact: Lisa Dixon at events@migrationpolicy.org or (202) 266-1929.

Does anyone know what happened in this breakfast meeting..

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Devils_Advocate

03-10 09:34 AM

No, the idea is; if you cry for gold you will atleast get silver. When the point is raised that people have been living here legally, paying taxes, SS, owning houses etc etc for 10 years!! what more is actually needed for citizenship?? The idea is to highlight that legal residents (many of them) have been here for ever!! 10 years is almost 15% of an average life span!! If only this thing is highlighted in some strong news papers. Isn't this protectionism at its worst. US is complaining about labor laws in China???? What the heck is this here??? You pay taxes and SS and medicare etc for 10 years and then you are asked to leave??????????? Isn't this slavery??? Either take of the requirement that workers on visas have to pay the required SS / medicare etc or assume responsibility for having taken their hard earned money and let them in as soon as possible into the society.

Giving an "expedited citizenship" is not like giving a stimulus check. Over here if you cry for gold you wont get silver you'll get laughed out, see the context of the situation then apply relevant metaphors.

Yes if the point of this fruitless exercise is to "raise awareness" then its fine coz it might just do that and nothing else, but then hope you do know the difference between being "famous" and "infamous".

Again once you guys get your "expedited citizenship" please join the congress and change laws for all of us, and while you're at it change a law that requires the president to be US born so one of you can become the president as well :), since you know, changing laws is so easy in this country ;)

Not long ago, I used to get internet through phone line (Dial up connection). Now I get phone through internet. Isn't it amazing? By the way, I have been using Vonage for 5 years now and it is a great company.

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gimmeacard

09-24 11:25 AM

Congrats ski_dude12. My personal opinion is that this may have delayed your greencard since July. Sometimes people get too anxious once their date is current and want to try everything that is possible to get approval. There is so much information and misinformation on forums.

i would think that you dont need to raise any SR or other action for at least 3-4 weeks from the month your PD is current.

i didnt do anything and the emails came to me by 7th of Sept maybe in some cases it helps, in some cases i heard- there have been delays

One is the welcome notices which says that I-485 is approved. Another notice which says that they reviewing or reconsidering the decision previously taken.

Called 1-800 # and the infopass. They say that reopened or reconsidering the case as the visa numbers retrogressed.

How can that be when am current in oct as well.

Mine is EB2 and the priority date is Dec 2004.

Any suggestions to have this fixed. what is the dates of action on the notices? maybe that will clarify a little.

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ras

08-08 10:06 AM

Good job analysing this particular issue. Appreciate ur patience in sharing with others.

The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.

Multiple I-485 Fillings Scenario:

1. Two I-485 for the with the same primary applicant

Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.

Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.

2. Two I-485 with different primary applicants (Primary on one and dependent on other)

Case a: I-140 for one is approved while other's pending Case b: Both I-140 Approved Case c: Both filling concurrently in June

Pros and Cons Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)

Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)

Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.

Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.

Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)

Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)

Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).

Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.

Summary of Pros and Cons Pros: 1. More flexibility as there are two applications to fall back on. 2. Only opportunity to file EAD/AP before retrogression kicks in. 3. Useful if I-140 is pending and outcome of it is unknown. 4. There are NO USCIS memos that prohibits such filling explicitly. 5. Many lawyers have recommended this as a best option. 6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option. 7. If there are issues with multiple filling one of the application can be withdrawn. 8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.

Cons: 1. Cost of two fillings (if paid by self) 2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews. 3. Apart from delays there has been indications that USCIS might issue an RFE and ask to choose one.

Conclusion ======== There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.

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jcrajput

09-26 09:56 AM

I called them again and they said they don;t have more information. Wait for the package which they sent back and call after that if you have any questions. Anyone has idea what "Other reasons" could be?

Thank u for your interest.

stupendousman11

09-16 11:49 AM

Left VMs for all republicans (except King).

jasmin45

07-15 09:10 PM

There's an interesting blog about Lou Dobbs' "inaccuracies" here:

www.dobbswatch.com

Lets track him down.. after the July fieasco is over we will deal with this guy